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(영문) 인천지방법원 부천지원 2017.03.30 2016가단103356
주차방해금지등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In the above site of Kimpo-si, Mapo-si, Mapo-si, 92,33.3 square meters (hereinafter “the instant site”), the 15 L apartments (hereinafter “the instant apartments”) and the 2nd commercial building (hereinafter “the instant commercial building”), which are an aggregate building, are constructed. The instant apartments and the instant commercial buildings have been separately managed and operated by the respective separate autonomous organizations.

B. The Plaintiffs shared the shares of the instant site as co-owners of the instant shopping mall, and the Defendant is an autonomous organization that has formed the representatives of occupants of the instant apartment and managed the instant apartment.

C. The instant shopping mall is located within the instant apartment complex between the building and the public road of the instant apartment complex, and is connected to the road in the instant apartment complex as a passage consisting of stairs, and the parking lot is located within the instant apartment complex.

On September 30, 2015, the Defendant established an integrated security system with the consent of occupants, and installed a blocking machine at the entrance of the instant apartment complex (hereinafter referred to as “instant blocking machine”). The instant blocking machine is a vehicle registered with automatic recognition of vehicle number plates, and entry is possible if it is an unregistered vehicle, and entry is not allowed.

E. Although the occupants of the instant apartment and the lessees of the instant commercial building registered a car and use the internal parking lot of the instant apartment complex, customers visiting the instant commercial building may use the said parking lot only when they obtain a certificate of commercial visit from the management office and obtain the seal from the management office.

F. On November 13, 2015, the Defendant changed the purpose of the passage between the instant apartment and the instant commercial building from the passage to the fence and installed a fence.

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